LAW.coLAW.co

Nathan Renner JUNG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District2018-05-17No. No. 1D16–2170
248 So. 3d 231

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam.

We reverse the courts summary denial of Appellants second claim for postconviction relief, which we conclude was facially sufficient. We remand for the trial court to conduct an evidentiary hearing on that claim or to attach portions of the record conclusively refuting it. See Odom v. State , 782 So.2d 510, 510 (Fla. 1st DCA 2001) ; see also Smalls v. State , 973 So.2d 630, 631-32 (Fla. 1st DCA 2008) (If appellants allegation is correct, no factual basis existed to support a conviction for burglary of a dwelling. Appellant further claims that he would not have entered his guilty plea but for his counsels ineffectiveness. As such, appellants allegations constitute a facially sufficient claim for ineffective assistance of counsel.). We affirm the summary denial of Appellants remaining claims.

AFFIRMED in part, REVERSED in part, and REMANDED .

Ray, Makar, and Winsor, JJ., concur.